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2026 DAILYLAW 44987 (CAL)

MOKSEDUL HOQUE @ MAKSEDUL HOQUE @ MACHIDUL HOQUE v. THE STATE OF WEST BENGAL

CRM(M)/360/2026 · 2026-09-30

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S.L.6. In the High Court at Calcutta Ct. 05 Circuit Bench at Jalpaiguri CRM (M) 360 of 2026 30.09.2026 Bd. Moksedul Hoque @ Maksedul Hoque Allowed. @ Machidul Hoque Vs. State of West Bengal In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pundibari Police Station case no. 95 of 2026 dated 10.02.2026 under Sections 85/80/108 of the BNS Act, read with section 3 / 4 of Dowry Prohibition Act. Mr. Jaydeep Kanta Bhowmick Mr. Sayantan Bhowmick Ms. Jasmin Haque Ms. Priti Das …for the petitioner Mr. Janardan Periwal Mr. Bijay Bikram Das Mr. Supritam Nag … for the State. The written complaint discloses that the marriage between the defacto-complainant’s daughter and the petitioner was solemnized five years back and it is alleged in the written complaint that she was subjected to both mental and physical torture by her husband due to demand of dowry and on 09.02.2026 at about 11.00 p.m. the defacto-complainant received a phone call from the accused person stating that the daughter of the defacto- complainant committed suicide by hanging. In support of the bail prayer learned counsel for the petitioner submits that the petitioner was initially booked under sections 85/80/108 of the BNS read with sections 3/ 4 of the Dowry Prohibition Act, being GR case 2 No. 201 of 2026. After completion of investigation police submitted charge-sheet on 31st July, 2026 under section 85/80/108 of the BNS read with section 3 / 4 of the Dowry Prohibition Act. It is further submitted that the other accused persons are already on bail and the petitioner surrendered before the Court below on 01.07.2026 and since then he is in custody. He further submits that all the allegations levelled in the impugned complaint against the petitioner is completely fabricated and baseless and does not attract the ingredients of the offences punishable under sections 85/80/108 of the BNS read with section 3 / 4 of the Dowry Prohibition Act, and therefore, he may be released on bail on any terms and conditions. Learned counsel for the State opposed the bail prayer and he has pointed out the statement of the defacto-complainant recorded under section 183 of the BNS. I have considered the submissions made on behalf of both the parties and having gone through the materials collected during investigation and that the investigation has already been culminated into charge- sheet and the matter is still pending for commitment and as such there is hardly any chance of early conclusion of trial, I find that further detention of the present petitioner would not yield any fruitful result. 3 Considering all these, the prayer for bail made by the petitioner is allowed. Accordingly, the petitioner namely, Moksedul Hoque @ Maksedul Hoque @ Machidul Hoque, shall be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, Coochbehar and also on condition that the accused person shall not misuse the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. The petitioner shall not leave the geographical limit of district of Coochbehar without taking leave from the court below and shall report to the Inspector-in-charge/Officer-in- Charge, Coochbehar Police Station once in a week until further order. The court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any further reference to this court and also on condition laid down in section 480(3) of the BNSS. Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case. 4 Accordingly, CRM (M) 360 of 2026 is disposed of. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)